NATIONAL BRICK & SUPPLY COMPANY, INC. v. BAYLOR

Nos. 17760, 17761.

324 F.2d 892 (1963)

NATIONAL BRICK & SUPPLY COMPANY, Inc., and Hudson Supply & Equipment Company, Appellants, v. William E. BAYLOR et al., Trustees, Mt. Joy Baptist Church, Appellees. Abraham GRUNSTEIN et al., Partners, t/a Columbia Building Products Company, Appellants, v. William E. BAYLOR et al., Trustees, Mt. Joy Baptist Church, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 14, 1963.


Attorney(s) appearing for the Case

Mr. Mark P. Friedlander, Jr., Washington, D. C., with whom Messrs. Mark P. Friedlander and Blaine P. Friedlander, Washington, D. C., were on the brief for appellant National Brick & Supply Co. Inc., in No. 17,760, argued for all appellants.

Mr. George H. Windsor, Washington, D. C., with whom Mr. George E. C. Hayes, Washington, D. C., was on the brief, for appellees.

Mr. Dexter M. Kohn, Washington, D. C., was on the brief for Hudson Supply & Equipment Co., appellant in No. 17,760.

Mr. George Greenberg, Washington, D. C., was on the brief for Columbia Building Products Co., appellant in No. 17,761.

Mr. David S. Scrivener, Washington, D. C., entered an appearance for appellees, Scrivener and Crowell.

Before PRETTYMAN, Senior Circuit Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.


PER CURIAM.

In these cases the appellants, who were subcontractors on a construction project which was abandoned by the prime contractor before completion, seek to enforce mechanic's liens upon the alleged balance of the contract price which remained unexpended after the owner had completed the work, as permitted by § 38-104, D. C. Code (1961). These cases are here for the second time. Reference is made to our opinion...

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